JASBINDER KAUR Vs. SEEMA KHULLAR

JUDGEMENT

(1.) I. Brief facts of the case:-

(2.) In order to comprehend the issues involved in the present case, some relevant facts, in brief, are required to be noticed.

(3.) The disputed constructed house H.No.HL-94 Phase I, SAS Nagar, Mohali, was allotted to late Sh. Ashwani Kumar by the Punjab Housing Development Board. Ms. Seema Khullar (defendant no.1) is sister's daughter of Sh. Ashwani Kumar, who is alleged to have executed an agreement to sell, Will dtd. 30/12/1982, in favour of his niece (sister's daughter). On 5/1/1983 Sh. Ashwani Kumar also executed a registered General Power of Attorney in favour of Ms. Seema Khullar authorising her to deal with the house in any manner. He also attested an affidavit acknowledging that Ms. Seema Khullar is the owner of the house, which was also registered on 5/1/1983. The price of the house was payable in instalments, which was paid by Ms. Seema Khullar or her mother Smt. Shakuntla Khullar. Jasbinder Kaur, the plaintiff claimed that Ms. Seema Khullar executed an agreement to sell with respect to the house in dispute in her favour on 13/12/1986 agreeing to sell the house for Rs.65,000.00 out of which Rs.45,000.00was received as earnest money. On 16/12/1989, plaintiff (Jasbinder Kaur) filed the present suit. Ms. Seema Khullar admitted execution of the agreement to sell dtd. 13/12/1986 on receipt of Rs.45,000.00 as earnest money. Sh. Ashwani Kumar died on 14/8/1984. His daughter Ravi Kiran (defendant no.3) also admitted the plaintiff's case whereas defendant no.2, 4 and 5 denied the execution of the agreement to sell by Sh. Ashwani Kumar in favour of Ms. Seema Khullar. It was also claimed that on 5/6/1989 an agreement to sell was executed in favour of Darshan Singh Saini on receipt of the total sale consideration of Rs.1,45,000.00.